3.20 The majority of the work and obligations for TUPE transfers will fall to the Contractor but the Authority will still need to fulfil its obligations to its staff until the transfer takes place. The TUPE regulations place a duty on the Authority to inform and consult employees who may be affected by the transfer or measures taken in connection with the transfer. Projects which have an arrangement with the Contractor for the provision of interim services will need to have completed the preparation for staff transfers by the date of contract signature; projects whereby there is no transfer of staff until new facilities are completed will have additional time during the construction phase to prepare for the transfer. Authorities should plan for any staff transfers at OBC stage so that they will have collected and anonymised information about staff and their terms and conditions to distribute with procurement documents. This information will enable bidders to price their bids more accurately in this regard. Once bids are received, Authorities will need to scrutinise the pension arrangements which are proposed by bidders who will be the new employers to ensure that they are broadly comparable to those provided by the Authority or other current employer. Many bidders will seek Admitted Body Status to the Procuring Authorities scheme.
3.21 Authorities may wish to contact the Government Actuary's Department (GAD) if they have queries regarding comparability.
3.22 Early consultation with the relevant union representatives will be beneficial.
3.23 Do not underestimate the time required to complete TUPE transfer process.